Emma Pairman
Wynn Williams
Emma Pairman is a Senior Associate at Wynn Williams specialising in regulatory litigation (with a focus on resource management), statutory liability and public law proceedings. Emma advises local government, regulators, and industry participants on legal risk, governance, and decision-making. Having acted for both regulators and regulated entities, she brings a unique perspective on what makes decisions legally robust and capable of withstanding judicial review. Emma has appeared before the District Court, Environment Court, High Court, and Court of Appeal, and has extensive experience in complex regulatory and public law disputes.
Protecting Yourself Against Judicial Review: What Does Good Decision-Making Look Like?
Environmental enforcement decisions are often nuanced and increasingly subject to external scrutiny, and many regulators want to understand how to make their decisions legally defensible. This is even more important with the legislative changes on the horizon. From the initial decision to investigate through to the selection of an enforcement response, each step in the process presents potential vulnerabilities.
This presentation examines the principles of good decision-making as they apply to environmental enforcement in New Zealand. We consider the requirements of natural justice, the relevance of enforcement policies and guidelines, and the importance of consistency and proportionality in the exercise of regulatory discretion. Drawing on recent case law, we explore the increasing trend of regulators facing judicial review proceedings and discuss practical strategies for building processes that withstand scrutiny.
Whether you are a compliance officer, an in-house lawyer or an industry stakeholder, this presentation offers a practical framework for understanding what the courts expect of environmental decision-makers, and how to get it right before you get to Court.